Who is a WEEE Producer?
According to the WEEE directive, a WEEE producer is a business entity in a member state that has a specific status according to the way it is constituted and its business relationship with suppliers and clients in this member state.
To identify a WEEE producer in a member state, we need to:
- Analyze its sales strategy and contracts
- Identify how many business entities are involved in terms of sales
- Clarify who invoices who.
How do we determine which entity is the WEEE Producer?
Please see the following examples using different types of industry and equipment. (To clarify what WEEE is, see our article ‘What is WEEE?’)
N.B. The term “established” as used in this article means a business that has been registered locally.
According to the WEEE directive and its national transpositions, in each EU member state producers are one of the following:
1: Manufacturer in a Member State
Companies established in Country A, manufacturing printing equipment in Country A and selling them in Country A.
2: Importer from EU countries or non-EU countries
Companies established in Country B, importing air conditioning systems from a country and selling products for the first time in Country B.
3: Reseller in a country under his own name or trademark
As an exception to 1), Company Y is established in Country C and re-selling home automation products in Country C from Manufacturer X also located in Country C; the product manufactured by X is branded under the name of Y. Y sells the product in Country C.
4: Distant seller from EU countries or non EU Countries
Distance seller established in Country D sells IT and telecommunications equipment directly to end users in one or several European countries.
If your company owns entities that have WEEE producer status in one or more EU member states, compliance of the entities is mandatory.
Willing to clarify your situation or to order a legal assessment?